Back / lumbar spine decisions — 2019

The Board denied service connection for a low back disability with right lower extremity radiculopathy and for restless leg syndrome, finding that the Veteran's current disabilities did not have their onset during military service or were otherwise related to his service.

The Board denied the Veteran's claim for service connection for a back disability, finding that there was no evidence of an in-service injury or chronic condition and noting inconsistent statements regarding continuity of symptoms since service.

The Board denied the Veteran's petition to reopen his claim for service connection for low back disability and also denied his claim for residuals of a circumcision. The decision found that new and material evidence had not been received to reopen either claim, and that there was no indication of any current disability related to these conditions.

The Veteran is permanently and totally disabled due to service-connected disabilities resulting in loss of use of both lower extremities, which qualifies him for specially adapted housing.

The Board has dismissed the appeals for bilateral hearing loss and asthma as the Veteran requested withdrawal of these issues. The remaining issues have been remanded for further development.

The Board has reopened the Veteran's previously denied claims for service connection of a back disability, right shoulder disability, and right knee disability. However, these claims are still pending as they have been remanded due to the need for additional medical examinations.

The Veteran's coronary artery disease is found to be secondary to his service-connected degenerative arthritis.,Prior to October 17, 2018, the Veteran’s left shoulder symptomatology more closely approximated a range of motion deficit as being no greater than shoulder level. From October 17, 2018 and thereafter, the Veteran's left shoulder range of motion was limited to no greater than shoulder level.,Prior to October 17, 2018, the Veteran’s lumbar spine symptomatology more closely approximated a range of motion of greater than 30 degrees of flexion but less than 60 degrees of flexion. From October 17, 2018 and thereafter, the Veteran's lumbar spine range of motion was greater than 30 degrees but less than 60 degrees.,Prior to October 17, 2018, the Veteran demonstrated painful motion of the left ankle. From October 17, 2018 and thereafter, the Veteran demonstrated a moderate limitation of motion of the left ankle.

The Board has decided that the Veteran's claims for service connection for a low back disorder and major depressive disorder, to include as secondary to a low back disorder, need further investigation. Specifically, they require obtaining missing STRs from his second period of active duty (2001-2008) and providing an addendum opinion regarding the etiology of his low back disorder.

The Veteran's appeal for a higher rating for his low back disability was denied. The Board found that the evidence did not show unfavorable ankylosis of the entire thoracolumbar spine, which is required for a higher rating under the General Rating Formula for Diseases and Injuries of the Spine.

The Board has remanded the Veteran's claims of service connection for various conditions, including a lumbar disorder, right hip disorder, skin disorder, acquired psychiatric disorders, and hypertension. The VA is instructed to obtain relevant medical records and conduct further examinations and opinions as needed.

The Board has granted service connection for right and left plantar fasciitis, as well as entitlement to a back disorder secondary to the Veteran's service-connected bilateral hip strain. The claim of service connection for a back disorder on direct basis is remanded.

The Board has remanded the claims of service connection for various disabilities, including diabetes mellitus, eye disability, bilateral knee and elbow disabilities, bilateral hand disabilities, low back disability, and right foot disability. The Veteran's service treatment records are negative for any complaints or diagnoses related to these conditions.

The Board has denied increased ratings for chronic cervical strain and chronic lumbar strain on an extraschedular basis only. The case of entitlement to benefits under the provisions of 38 U.S.C. § 1151 for a right ankle disability is REMANDED, as well as the claim for TDIU.

The Board has decided that the Veteran's lumbar spine disability may have been caused by her service, but a new examination is needed to determine this with greater certainty.

The Veteran's claims for service connection are being remanded due to the need for additional development and examination. The effective dates of his service connection awards remain pending.

The Veteran's service connection claim for degenerative disc disease and degenerative arthritis of the lumbar spine is granted due to continuous low back pain since service.

The Veteran's pain syndrome, lumbar spine disability, sleep apnea, impotence, nocturia, and tremors are not service-connected.,While the Veteran has a current diagnosis of each condition, there is no evidence linking these conditions to his active military service.

The Board has denied service connection for bilateral hearing loss and remanded the issue of an increased rating for lumbar spine arthritis.

The Veteran's claims have been remanded due to new evidence submitted, including a lay statement from another member of the National Guard who witnessed his in-service injury. The Board finds that this evidence relates the Veteran’s current lumbar spine disability to an in-service injury and requires further examination.

The Veteran's service-connected disabilities do not render him unable to secure and maintain substantially gainful employment.